Victoria’s Secret Sued by Fitness Influener Kayla Itsines’ ‘Sweat’ Owner 

(Bloomberg Law) -- A health and fitness company is suing Victoria’s Secret Stores Brand Management LLC in Utah federal court for allegedly copying its trademark.

IFIT Inc. claims Victoria’s Secret is using its “SWEAT marks” on or in connection with exercise apparel and related services in its Nov. 10 complaint filed in the U.S. District Court for the District of Utah’s Central Division.

Victoria’s Secret introduced products displaying the trademark into commerce within the U.S. and is displaying the products on its website, social media accounts, and other marketing channels, iFIT said.

Victoria’s Secret did not respond to a request for comment.

IFIT said it has used the SWEAT trademark “since at least as early as 2017" on a variety of fitness-related products and services, including apparel and a fitness app.

In addition to copying the trademark, the plaintiff accused Victoria’s Secret of “purposefully” choosing a look-alike of SWEAT app founder Kayla Itsines for its advertisements.

Victoria’s Secret’s “use of this Ms. Itsines look-alike is likely to further encourage the likelihood of confusion caused by Defendant’s use of the Defendant’s SWEAT Marks, and on information and belief demonstrates Defendant’s intent to trade on the reputation of Plaintiff’s brand,” the complaint states.

IFIT is asking the court to stop Victoria’s Secret from using the trademark. The company also wants Victoria’s Secret to deliver all products displaying the trademark to iFIT to be destroyed.

Further, iFIT said it wants Victoria’s Secret to pay damages in an amount no less than three times it made in profits “due to the wanton, egregious, willful, deliberate, intentional, and/or malicious nature of its actions.”

IFIT is being represented by Foley & Lardner LLP. Plaintiff’s counsel did not respond to a request for comment.

The case is Ifit v. Victoria’s Secret Stores Brand Management, D. Utah, No. 1:21-cv-00147, 11/10/21.

To contact the reporter on this story: Maria Curi at mcuri@bloombergindustry.com

To contact the editor responsible for this story: Kibkabe Araya at karaya@bloombergindustry.com

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